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Five Mass. cops agree to penalties in EMT fraud case

By Steve Landwehr
The Gloucester Daily Times

HAMILTON, Mass. — The five Hamilton police officers charged with obtaining their EMT certifications under false pretenses will forfeit about $25,000 each in penalties and repayment of ill-gotten gains.

David Carey, chairman of the Board of Selectmen, yesterday announced the terms of the deals the officers made with Attorney General Martha Coakley’s office as punishment for their actions.

Four of the officers will be required to work 30 eight-hour shifts without pay and will also be suspended without pay for 30 days. They are Arthur Hatfield, Kent Richards, Karen Wallace and Stephen Walsh.

Additionally, each must repay any stipends they received for taking refresher and other courses that were never held or were improperly held, and pay the town $5,000.

The combined penalties and repayments represent nearly 40 percent of the officers’ average annual base pay, $64,800.

The fifth officer, Michael Marchand, has filed suit against the town over what he claims were violations of his civil rights, and is out on paid sick leave. Carey said he expects that since Marchand won’t be working any unpaid shifts, he will have to repay the town in cash.

Buffeted by retirements, a resignation, illness and injury, the police force is already understaffed by nearly half its normal complement. However, Carey said no officers will be hired to cover the shifts, nor will any overtime be paid.

“We’ll just run light, but that’s our call,” Carey said.

Some might question whether the punishments fit the crimes, but Carey said he doesn’t think the selectmen were in a position to make that judgment.

“We relied on the attorney general’s experience,” Carey said. “Their investigation has been going on quite a while.” Calls left with Carey’s fellow board members, Bill Bowler and Jennifer Scuteri, were not returned yesterday.

Acting police Chief Scott Janes last night released a brief statement.

“The Hamilton Police Department has cooperated fully with the (Office of Emergency Medical Services) and the AG’s investigation, and regrets any difficulties these events have caused.

“The Police Department remains focused and dedicated to the residents of Hamilton. We are truly grateful for all of the support we have received from the community over the past several months.”

Unfinished business?

The deals have been rumored for some time, but selectmen have said they were not at liberty to disclose them in the midst of an ongoing investigation.

A grand jury on Friday handed up indictments of former police Chief Walter Cullen and former EMT training officer David Mastrianni, charging them with various emergency medical services violations. Carey didn’t know if the five officers testified in those hearings in exchange for their deals, but said the town’s litigation attorney told him it was now OK to make the terms public.

Two other men, former Ipswich and Middleton fire Chief Henry Michalski, who is also an EMT trainer, and former Ipswich selectman and Wenham police officer Jim Foley were also indicted Friday for assorted EMT training records violations.

Carey didn’t know how or if four Danvers officers who were also charged with obtaining their certifications fraudulently will be punished.

Also left to be determined is punishment for the 12 Hamilton officers and one Danvers officer who falsified training records, but didn’t use those records to obtain their certifications.

Reaction around Hamilton yesterday was mixed. While some said they hoped the scandal, which has entangled the department for a year, can finally be resolved, others felt there’s still some unfinished business.

Resident Elizabeth Dunbar bristled at a recent selectmen’s meeting when Carey tried to pass over a scheduled update on Police Department activities. She wouldn’t comment yesterday on whether she felt the punishments were appropriate, but did say, “I find the whole thing sad.”

Blueberry Lane resident John Celata opposed Scuteri in this spring’s election. His impetus was largely the turmoil in the Police Department, and he was satisfied with yesterday’s announcement.

“That’s excellent news,” he said. “I think it’s fair.”

Fellow resident Betty Gray said she thought the settlements were OK, as far as they went.

“There’s still this ethical issue that really bothers me,” she said. “I don’t care what your reasoning is, wrong is wrong.”

She also said one simple act would go a long way, in her mind.

“I’d still like to hear a public apology.”

Copyright 2009
Gloucester Daily Times (Massachusetts)